Court Rules Second Marriage Without Departmental Permission Constitutes Misconduct Under CRPF Rules
In a significant ruling, the Allahabad High Court has upheld the dismissal of Prabhu Singh, a Constable in the Central Reserve Police Force (CRPF), for contracting a second marriage without obtaining prior permission from the department. The court, presided over by Justice Anish Kumar Gupta, dismissed the petition filed by Singh, who sought to quash the dismissal order dated July 8, 2011.
The case revolved around the allegation that Singh, while still married to his first wife, Urmila Devi, entered into a second marriage with Pratima Devi in 1992 without the necessary departmental approval. This action, as per the CRPF Rules, 1955 and the Central Civil Services (Conduct) Rules, 1964, constituted misconduct, leading to his removal from service under Section 11(1) of the CRPF Act, 1949.
The court noted that the petitioner had joined the CRPF in 1988, long after his first marriage in 1976. Despite the absence of his first wife since 1989, Singh failed to obtain a divorce decree before remarrying. Furthermore, Singh declared his second wife as a nominee in his service records but did not disclose her status as his second wife, which the court viewed as deliberate concealment.
Justice Gupta emphasized that Rule 15 of the CRPF Rules and Rule 21 of the CCS Conduct Rules explicitly prohibit plural marriages without departmental consent, even if permitted by personal laws. The court rejected Singh's argument that the punishment was disproportionate, highlighting that the disciplinary force's moral and ethical standards are paramount and any breach, such as bigamy, reflects adversely on its discipline and integrity.
The judgment extensively referenced past Supreme Court rulings, notably in the cases of Union of India vs. Ghulam Mohd. Bhat and M. M. Malhotra vs. Union of India, which elucidate the scope of misconduct and the appropriateness of dismissal as a penalty under Section 11 of the CRPF Act. The court reiterated that the punishment of dismissal is valid and not disproportionate when viewed in the context of maintaining the force's discipline and public image.
The decision sends a strong message regarding adherence to conduct rules within disciplined forces like the CRPF and underscores the judiciary's role in upholding institutional integrity over individual lapses.
Bottom Line :
Contracting a second marriage during the subsistence of the first marriage, without seeking prior permission from the department, constitutes misconduct under Rule 15 of the CRPF Rules, 1955, and Rule 21 of the CCS Conduct Rules, 1964. Such misconduct can attract dismissal from service under Section 11(1) of the CRPF Act, 1949.
Statutory provision(s): Section 11(1) of the CRPF Act, 1949, Rule 15 of the CRPF Rules, 1955, Rule 21 of the Central Civil Services (Conduct) Rules, 1964
Prabhu Singh v. Union of India, (Allahabad) : Law Finder Doc id # 2960754
